DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response for Election/Restrictions
Applicant's election of Group I (claims 1-13) in the reply filed on 01/02/2026 is acknowledged. Non-elected Group II (claim 14) is withdrawn from consideration. Since the applicant did not point out errors of restriction; therefore, the restriction will be treated as without traverse.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/12/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title is too long. See MPEP 606.01. Correction is required.
The following tittle is suggested: --Capsule holder for holding a capsule--.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
In claim 1:
The limitation “Capsule holder” as cited in line 1, should be changed to --A capsule holder--; and
The limitation “a capsule” as cited in line 6, should be changed to --the capsule holder--;
In claims 2-13: the limitation “Capsule holder” as cited in line 1, should be changed to --The capsule holder--;
In claim 7: the term “and/or”, should be changed to --or--;
In claim 9: the limitation “a capsule” as cited in line 6, should be changed to --the capsule holder--;
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-13 are rejected under 35 U.S.C. 102(a1) as being anticipated by Perentes et al. (US 20140170278 A1).
Regarding claim 1, Perentes discloses
A capsule holder (receptable holding unit 1, fig.1) for holding a capsule (receptacle 2, fig.4, Par.0053 cited: “receptacle may be in the form of a capsule”) carrying a beverage component [Par.0053 cited: “…containing the ingredient, e.g. ground coffee, tea or cacao or another beverage ingredient…”] and for being attachable in an attachment direction to a beverage preparation device of a beverage preparation machine (coffee machine, Par.0010) for beverage production, the capsule holder (receptable holding unit 1) comprising:
a holder body (first part 10, fig.1) having a cavity (cavity of first part 10) configured to receive a capsule (receptacle 2) via an insertion opening [perimeter wall of first part 10 forms the insertion opening, fig.1], and
a lock element (second part 20, fig.1) for fixing the capsule holder (receptable holding unit 1) to the beverage preparation device,
wherein the lock element (second part 20) and the holder body (first part 10) are connected to each other so that the lock element (second part 20) is rotatably moveable relative to the holder body (first part 10) about a fixing axis [Page 19, lines 20-26, and fig.6a], and
the holder body (first part 10) is translationally moveable relative to the lock element (second part 20) along the attachment direction.
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Regarding claim 2, Perentes discloses
the holder body (first part 10, fig.1) is translationally moveable relative to the lock element (second part 20, fig.1) between a first translational position [figs.5-5a show the first translational] and a second translational position [figs.6-6a show the second translational], such that the lock element (second part 20, fig.1) and the holder body (first part 10, fig.1) are more distant to each other along the attachment direction in the first translational position (first translational) than in the second translational position (second translational).
Regarding claim 3, Perentes discloses
the lock element (second part 20, fig.1) and the holder body (first part 10, fig.1) are connected to each other so that the holder body (first part 10) is further swivelable, freely swivelable, relative to the lock element (second part 20).
Regarding claim 4, Perentes discloses
the lock element (second part 20, fig.1) and the holder body (first part 10, fig.1) comprise cooperating rotational restriction structures (indexes 15, 25, figs.6-6a) for restricting the rotatable movement between the lock element (second part 20) and the holder body (first part 10).
Regarding claim 5, Perentes discloses
the cooperating rotational restriction structures (indexes 15, 25, figs.6-6a) are configured to allow the holder body (first part 10, fig.1) to be translationally moveable and, if present, also swivelable relative to the lock element (second part 20, fig.1) in a first relative rotational position (clockwise positional).
Regarding claim 6, Perentes discloses
the cooperating rotational restriction structures (indexes 15, 25, figs.6-6a) comprise a pin element (indexes 15, 25) provided at one of the lock element (second part 20, fig.1) and the holder body (first part 10, fig.1), and a guiding groove (engaging body 20A, fig.1) provided at the other one of the lock element (second part 20, fig.1) and the holder body (first part 10), wherein the guiding groove (engaging body 20A) extends in a rotational direction about the fixing axis and is configured to receive and guide the pin element (indexes 15, 25) upon the relative rotational movement between the lock element (second part 20) and the holder body (first part 10).
Regarding claim 7, Perentes discloses
the guiding groove (engaging body 20A, fig.1) transversely widens towards the first relative rotational position (see fig.1), or the guiding groove (engaging body 20A) transversely tapers towards the second relative rotational position (see fig.1).
Regarding claim 8, Perentes discloses
the lock element (second part 20, fig.1) and the holder body (first part 10, fig.1) comprise cooperating guiding structures (indexes 15, 25, figs.6-6a) for guiding the relative translational movement between each other.
Regarding claim 9, Perentes discloses
the capsule holder (receptable holding unit 1, fig.1), the holder body (first part 10, fig.1), further comprising a jaw (recessed groove of first part 10, fig.4) for holding the capsule (receptacle 2, fig.4) received in the cavity (cavity of first part 10).
Regarding claim 10, Perentes discloses
the jaw (recessed groove of first part 10, fig.4) is connected to the holder body (receptable holding unit 1, fig.1) to be moveable [recessed groove of first part 10 and receptable holding unit 1, both are movable].
Regarding claim 11, Perentes discloses
the lock element (second part 20, fig.1) being provided opposite to the insertion opening (preposition body 20B, fig.1), and wherein the lock element (second part 20) comprises a locking structure (engaging body 20A, fig.1), like a thread or a part of a bayonet lock structure, for fixing the capsule holder (receptable holding unit 1, fig.1) to the beverage preparation device by form fit connection.
Regarding claim 12, Perentes discloses
the fixing axis (clockwise axis) extends in a direction being parallel to the attachment direction (counterclockwise axis).
Regarding claim 13, Perentes discloses
the insertion opening (insertion opening of first part 10, fig.1) is facing towards the attachment direction (counterclockwise axis).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alfred (EP 2000062A1).
Regarding claim 1, Alfred discloses
A capsule holder (capsule holder 41, fig5) for holding a capsule carrying a beverage component and for being attachable in an attachment direction to a beverage preparation device (device 2, fig.1) of a beverage preparation machine (system 1, fig.1) for beverage production, the capsule holder (capsule holder 41) comprising:
a holder body (body of capsule holder 41, fig.5) having a cavity (cavity 550, fig.5) configured to receive the capsule via an insertion opening (opening of cavity 550, fig.5), and
a lock element (protrusion of lid 40, fig.5) for fixing the capsule holder (capsule holder 41) to the beverage preparation device (device 2),
wherein the lock element (protrusion of lid 40) and the holder body (body of capsule holder 41) are connected to each other so that the lock element (connection 55) is rotatably moveable relative to the holder body (body of capsule holder 41) about a fixing axis (clockwise axis), and
the holder body (body of capsule holder 41) is translationally moveable relative to the lock element (protrusion of lid 40) along the attachment direction (counterclockwise axis).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
01/25/2026